- 1 - NC: 2025:KHC:9466 WP No. 29025 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29025 OF 2024 (LB-RES) BETWEEN: 1. SRI. RAJASHEKHAR VENKATESHA REDDY S/O. VENKATESHA REDDY, AGED ABOUT 62 YEARS, RESIDING AT NO. 404, DODDAKANNALLI, BENGALURU SOUTH TALUK, BENGALURU-560 035. (SENIOR CITIZEN BENEFIT NOT CLAIMED) … PETITIONER (BY SRI. VENUGOPAL M S., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 009. 2. THE ASSISTANT REVENUE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA, MARTHAHALLI SUB DIVISION, BENGALURU-560 048. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9466 WP No. 29025 of 2024 3. SRI. MALLIKARJUN S/O. LATE R. MUNIREDDY, AGED ABOUT 59 YEARS, RESIDING AT NO. 25/1A5, DODDAKENNELLI VILLAGE, MAHADEVAPURA, BENGALURU-560 048. 4. SRI. NANJA REDDY S/O. LATE R. MUNIREDDY, AGED ABOUT 57 YEARS, RESIDING AT NO. 25/1A5, DODDAKENNELLI VILLAGE, MAHADEVAPURA, BENGALURU-560 048. 5. SRI. LOKESH S/O. LATE R. MUNIREDDY, AGED ABOUT 55 YEARS, RESIDING AT NO. 25/1A5, DODDAKENNELLI VILLAGE, MAHADEVAPURA, BENGALURU-560 048. …RESPONDENTS (BY SRI. JAGADEESWARA N R., ADVOCATE FOR R1 & R2; SRI HEMANTH KUMAR G.M., ADVOCATE FOR R3 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R1 AND R2 TO TAKE APPROPRIATE STEPS TO PREVENT THE ILLEGAL CONSTRUCTION BY THE R3 TO R5 BY CONSIDERING THE REPRESENTATIONS DATED 15-07-2024 VIDE ANNEXURE- H AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9466 WP No. 29025 of 2024 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ in the nature of mandamus to direct the respondent nos.1 and 2 to take appropriate steps to prevent the illegal construction by respondent nos.3 to 5 by considering the representation at Annexure-H. 2. It is the case of the petitioner that private respondent nos.3 to 5 have been putting up construction without any plan/license. 3. It is his further case that respondent-BBMP authorities have not taken any action in time and despite passing of provisional order under Section 248 (2) and by the time the same was confirmed by an order of confirmation under Section 248 (3), respondent nos.3 to 5 have made substantial improvement to the property. 4. Learned Counsel Sri.Jagadeeshwara N.R. appearing on behalf of the respondent-BBMP has filed the - 4 - NC: 2025:KHC:9466 WP No. 29025 of 2024 action taken report and submits that the proceedings under Section 248 had been initiated and order under Section 248 (3) has been passed with further direction in the order under Section 248 (3) that construction cannot be continued. 5. It is further submitted that as against the order under Section 248 (3), appeal has been field before the Chief Commissioner. 6. It is further a matter of record that during the pendency of appeal before the Chief Commissioner, an order of status-quo was in operation. Therefore, taking note of 248 (3) order passed by respondent-BBMP, writ petition is to be disposed off. 7. Needless to state that respondent-BBMP is to take steps to the logical end once the appeal is disposed off. 8. In light of submission of the learned counsel for respondent-BBMP that no plan has been obtained from the BBMP by the private respondents, it is made clear that till - 5 - NC: 2025:KHC:9466 WP No. 29025 of 2024 proceedings are concluded and taken to its logical end, respondent nos.3 to 5 cannot be permitted to put up any further construction or alter the present construction. 9. Needless to state, in the event of any lapse on the part of the officials, the officials would be liable for any action in terms of Section 252 to be initiated by the Commissioner. 10. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP